Urban Forest Act 2023

This section applies if—

the conservator gives advice under section 107 in relation to a development; and

the development has development approval; and

the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to—

a protected tree; or

the protection zone for a protected tree; or

a declared site.

Example—par (c)—tree protection condition a condition that the applicant comply with tree protection requirements of a tree management plan

A person commits an offence if the person contravenes a tree protection condition of the development approval.

Maximum penalty: 50 penalty units.

Subsection (2) does not apply if the person has a reasonable excuse for contravening the tree protection condition.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

A person commits an offence if the person—

is responsible for the development; and

fails to take reasonable steps to tell each person carrying out work on the development site about the tree protection condition.

Maximum penalty: 50 penalty units.

An offence against subsection (2) or (4) is a strict liability offence.

In this section:

responsible—a person is responsible for a development if—

the person conducts a business or undertaking; and

the business or undertaking has management or control of the site where work for the development is being carried out.

Part 7 Enforcement

Division 7.1 Preliminary